Thomas F. Lebens, J.D.
Partner, Fitch Even Tabin & Flannery LLP · San Luis Obispo, California
Fractional Chief IP Counsel · IEEE Senior Member · AIPLA
"I help GCs and founders turn patents into strategic leverage."
Tom is a registered patent attorney and partner at Fitch Even Tabin & Flannery. He began his career at Fitch Even in 1991, built and led the IP practice at a Central Coast litigation firm for more than a decade, and returned to Fitch Even as a partner. His practice spans the full lifecycle of IP assets — from first filing through licensing, enforcement, and exit positioning — with deep technical work in AI and machine learning, medical devices, defense and detection systems, semiconductor design, and communications.
Tom's approach is Strategy-First IP: every engagement begins with a client's business objectives before turning to what to patent, what to protect as trade secret, and where filing would waste money. He serves clients in two modes — traditional strategic IP counsel (prosecution, post-grant proceedings, licensing, and IP agreements) and as Fractional Chief IP Counsel, providing embedded C-suite IP leadership for companies that need executive-table strategic guidance without full-time overhead.
Tom received his B.S. in Electrical Engineering from Cal Poly San Luis Obispo — where he served as President of Associated Students, managing a multi-million dollar budget and representing the student body to the CSU Board of Trustees — and his J.D. with honors from the University of San Diego School of Law, where he later served as an Adjunct Professor of Law. Outside of work, Tom is an avid SCUBA diver and licensed amateur radio operator (KF6PAZ).
Patent Prosecution & Appeals
Preparing and prosecuting patent applications through the USPTO, including PTAB appeals, IPR, and post-grant review.
Fractional Chief IP Counsel
Embedded IP strategy for growth-stage companies — building patent portfolios, IP policies, and competitive positioning without the cost of full-time in-house counsel.
Infringement & Validity Analysis
Patentability, infringement and validity opinions; competitive intelligence; freedom-to-operate analysis.
Licensing & Agreements
IP licensing negotiations, NDAs, joint development agreements, and technology transfer. Experienced in both offensive and defensive licensing.
Trademark Prosecution & Counseling
Preparing and prosecuting trademark applications through the USPTO; clearance searches; trademark portfolio management, enforcement, and licensing.
Copyright Protection
Copyright counseling for artistic works and software, including registration, enforcement, and licensing.
IP Policy & Strategy
Building IP frameworks, inventor training, portfolio management, and aligning IP investment with product roadmaps and competitive positioning.
Trade Secrets
Counseling on trade secret identification, protection programs, reasonable secrecy measures, and enforcement — including employee and contractor agreements and incident response.
International IP Protection
Managing multi-jurisdictional patent and trademark portfolios across 30+ countries — coordinating foreign filings, PCT applications, and international prosecution strategy aligned with global business objectives.
IP Transactions & Due Diligence
IP analysis for M&A, licensing deals, and investment transactions — evaluating whether a target's portfolio actually protects what it claims to protect, and structuring IP terms before the deal is set.
"Over nearly 10 years and a portfolio spanning multiple utility patents issued and pending plus 35+ trademark filings internationally, Tom has managed this with flawless strategy, meticulous attention to detail, and authentic kindness. I trust him completely — with our IP, our strategy, and our growth."
"Tom is the kind of IP attorney technical founders rarely find. He engaged deeply on the substance of our complex tech stack, understood where the technology was heading, and built an IP strategy that moved in step with our product roadmap."
SESLOC Credit Union
Chair of the Board of Directors of SESLOC, a member-owned cooperative serving San Luis Obispo County. Progressed through Supervisory Committee, Board Member, Vice Chair, and Chair over more than a decade of volunteer service.
CASA of San Luis Obispo County
Vice President and member of the Executive Board of CASA of San Luis Obispo County, advocating for abused and neglected children in the foster care system.
AYSO — American Youth Soccer Organization
22+ years of service as coach, referee, Area Director, Regional Commissioner, and National Coach Instructor. Past service on AYSO's National Board of Directors.
Troop 413, Scouts BSA
10+ years of service as Scoutmaster, Assistant Scoutmaster, and Merit Badge Counselor for Troop 413 in Arroyo Grande, California.
Cal Poly Center for Innovation & Entrepreneurship
Office holder at the Cal Poly CIE, supporting the startup ecosystem on the Central Coast as a fractional IP resource for student and community founders.
Cal Poly San Luis Obispo
Past President of the Cal Poly Alumni Association; Distinguished Service Award 2015; former Chair of the College of Engineering Dean's Advisory Council.
French Hospital Medical Center Foundation
Past Chair of the Board of Directors of the French Hospital Medical Center Foundation, supporting healthcare in San Luis Obispo County.
